PIERCE v. PA DEPT OF CORRECTIONS

Full title: BRIAN D. PIERCE, Plaintiff, v. PA DEPT OF CORRECTIONS, Defendant

Court: United States District Court, W.D. Pennsylvania

Date published: Mar 14, 2006

Civil Action No. 03-173 Erie (W.D. Pa. Mar. 14, 2006)

Opinion

Civil Action No. 03-173 Erie.

March 14, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action was received by the Clerk of Court on May 27, 2003, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 34], filed on February 24, 2006, recommended that Defendant's Motion for Summary Judgment [Doc. No. 23] be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail and on Defendant. No objections were filed. After de novo review of the motion and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 14^th day of March, 2006;

IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment [Doc. No. 23] is DENIED.

The Report and Recommendation [Doc. No. 34] of Magistrate Judge Baxter, filed on February 24, 2006, is adopted as the opinion of the Court.